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SR-407-003-20 (3) ~D OCT 2 5 2003 City Council Meeting: October 25, 2005 Santa Monica, California TO: Mayor and City Council Members From: City Staff Subject: Relocation Plan for the proposed 2411 & 2423 Centinela Avenue Project INTRODUCTION This report requests City Council approval of the Relocation Plan for the proposed project located at 2411 & 2423 Centinela Ave. BACKGROUND The proposed project at 2411 & 2423 Centinela Avenue ("Project") is a new construction affordable housing development of Community Corporation of Santa Monica (CCSM). The Project will entail the demolition of 22 existing rental housing units (8-zero bedrooms studios and 14 one-bedroom units) and the construction of 36 new affordable rental units (18 two-bedroom and 18 three-bedroom units). Whenever displacement of existing non- residential and/or residential owners or tenants occurs as a result of the Project, a Relocation Plan must be prepared, and, the City Council must approve the Relocation Plan in conformance with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. (the "CRAL"), the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, Chapter 6, Section 6000 et. Seq. (the "Guidelines"), and California's Community Redevelopment Law (Health & Safety Code Section 33000 et seq.). 1 ~D OCT 2 ~ 2005 The Relocation Plan sets forth an assessment of needs, replacement housing resources, program assurances and standards, relocation assistance program, relocation benefits and payments, eviction policy, appeals policy, projected dates of displacement, and estimated relocation costs. DISCUSSION Of the 22 existing rental housing units, only one housing unit remains occupied. The other households moved for reasons that involve Section 8 initiated transfers, eviction for non- payment of rent, tenant initiated transfers, transfers to nursing homes and natural death. Therefore, one household will be displaced as a result of the Project. Under State guidelines, comparable and available replacement housing must be identified prior to the relocation of the displaced household. CCSM's relocation consultant conducted several rental housing surveys from February 2005 through July 2005 to locate comparable replacement housing units in proximity to the Project site. The results of the survey indicate that there is an adequate supply of comparable replacement units available to meet the needs of the household that will be displaced. The Relocation Plan for the Project (Attachment A) has been made available for public review and provided to the one household remaining on the site, as required by law. Any written comments from the public or the displaced household will be attached to the Relocation Plan as an addendum prior to its consideration by the Council. 2 BUDGET/FINANCIAL IMPACT The recommendation has no budgetary or financial impacts. RECOMMENDATIONS It is recommended that the City Council approve the Relocation Plan for 2411 and 2423 Centinela Ave. Prepared by: Jeff Mathieu, Director Resource Management Department Ron Barefield, Acting Housing and Redevelopment Manager Tina Rodriguez, Redevelopment Administrator Jim Kemper, Acting Housing Coordinator Nia Tang, Senior Administrative Analyst Lyn Cacciatore, Deputy City Attorney Attachment A: Relocation Plan for 2411 & 2423 Centinela Ave Project 3 ATTACHMENT A Relocation Plan Prepared for the Community Corporation of Santa Monica 2411 & 2423 Centinela Ave Project INTRODUCTION In December 2000 Community Corporation of Santa Monica ("CCSM") and the Redevelopment Agency of the City of Santa Monica ("Agency") entered into a loan agreement and a conditional grant agreement for the acquisition and rehabilitation of 2411 Centinela Avenue. In January 2001 CCSM and Agency entered into a loan agreement and a conditional grant agreement for the acquisition and rehabilitation of 2423 Centinela Avenue. Since CCSM purchased the properties with the intent of rehabilitating the existing structures and did not expect its rehabilitation activities to impose an unreasonable change in the character of the properties, there was no need for the existing tenants to relocate, either permanently or temporarily. It is CCSM's practice to rehabilitate buildings with tenants in place. That was the intent with regard to these two properties with 14 of the 14 units at 2411 Centinela occupied and 7 of the 8 units at 2423 Centinela occupied. Prior to the commencement of the planned rehabilitation, around late 2002 and early 2003, the Santa Monica Public Housing Authority, during its annual inspection. requested that CCSM move the Section 8 tenants due to habitability issues that existed prior to CCSM's acquisition of the properties. Around the same period, several non-Section 8 tenants requested transfers to other CCSM properties due to overcrowding or other issues. Between August 2001 and June 2003, 20 of the 21 households moved for various reasons including deaths, transfer to a nursing home, Section 8 initiated transfers, eviction for non-payment of rent, tenant initiated overcrowding transfers to larger CCSM units and other tenant initiated transfers to better CCSM units. One household remains today. In November 2004, after CCSM identified a number of new issues related to the scope of work, cost of the rehabilitation and difficulty maintaining insurance, CCSM requested a change from two rehabilitation projects to one new construction project and in December 2004 the City of Santa Monica gave its preliminary approval to that request. As a result of this change in the project one two-person household will be permanently displaced. While both of the tenants in the remaining household were notified of their eligibility for relocation benefits, one resident of the household recently moved without providing notice or a forwarding address to CCSM. CCSM will provide relocation benefits to the household as required by State relocation guidelines. The location of the housing, which is the subject of this relocation plan, is generally described as follows: 2411 & 2423 Centinela Avenue, Santa Monica, CA 90405 (See Attachment 1 - project site map) CCSM and its Relocation Consultant have prepared and will administer this Relocation Plan (the "Plan"), under the direction of or in cooperation with the Agency. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. (the "CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the "Guidelines"). No displacement activities will take place prior to the required reviews and approval of this Plan. 1 A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, a personal interview was conducted with both members of the household living on the Project site, CCSM hired an outside consulting firm, Shober-Livas Relocation, to assist in the planning and implementation phases of this single displacement. The table on Attachment 2 shows some of the household characteristics and needs. As indicated on the table in Attachment 2, there were two eligible adults occupying the one remaining household. The household's combined reported income level falls within the area's "very low" income category as established by HUD for Los Angeles County as shown in Attachment 3. The displaced household currently resides in a zero bedroom (studio) unit located on Centinela Avenue, between Pico Boulevard and Pearl Street. Residential uses immediately surround the Project site, with a bus stop 112 block away at the corner of Centinela Avenue and Pico Boulevard. Additional amenities within a 1 mile radius include a variety of commercial uses on Pico Boulevard, a Ralph's supermarket and pharmacy, Grant Elementary School, and Clover Park. Medical facilities are located nearby, including two major hospitals approximately 2 miles from the Project site. B. REPLACEMENT HOUSING RESOURCES Resource housing studies were made beginning February 1, 2005 to identify available comparable, decent, safe and sanitary units available in close proximity to the Project site. One single unit will be required to adequately relocate the Project site household. Therefore, the survey focused on confirming the availability of decent, safe, and sanitary units, which contain the required minimum number of bedrooms, are of adequate size for the household, and are comparable with respect to the number of rooms and habitable living space. Based on the results of that survey, which is included as Attachment 4, an adequate number of available comparable, decent, safe, and sanitary units of adequate size and the required number of bedrooms and location, were found to meet the needs of the displaced household, C. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other current or proposed displacing activities in the vicinity of the project that would impact the ability to relocate the displaced households. ~ TEMPORARYHOU~NG There is no anticipated need for temporary housing. Should such a need arise, the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. CCSM will assist in advance payments to help secure the new unit. E. PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate the remaining household. Services will be provided to ensure that displacement does not result in different or separate treatment of this household based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located and is available. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in 9 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary 2 to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities. and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. F. RELOCATION ASSISTANCE PROGRAM Shober-Livas Relocation is available to assist the displaced household with questions about relocation and/or assistance in relocating. Bob Shober of Shober-Livas Relocation can be contacted at (310) 476- 5433 and 520 South Sepulveda Boulevard, Suite 204, Los Angeles, CA 90049. A comprehensive relocation assistance program, with technical and advisory assistance, is being provided to the household being displaced. Close contact has and will be maintained with the household. Specific activities include: 1. Distribution of informational brochures. Attachment 5 contains the informational notice that was given to the displaced household on January 31, 2005. (See Attachment 5) 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 3. Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if necessary. G. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to the remaining household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval by the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). H. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The displacing entity will provide appropriate benefits for each displaced household as required by the above laws and requirements. Residential Moving Expense Payments The subject household will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. 1) Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation, as indicated in Attachment 6. -OR- 3 2) Actual Reasonable Moving Expense Payments - The displaced household may elect to have a licensed, professional mover perform the move; if so, the displacing entity will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. Rental Assistance/Down Payment Assistance Displaced households who are residential tenants and who have established residency within the Project site for a minimum of 90 days prior to the "initiation of negotiations" will be eligible for both Rental Assistance and Moving Expense Payments. "Initiation of Negotiations" is defined as the later of the actual date of acquisition or the date of the Agreement between the private entity and the public agency for purposes of acquiring and developing or rehabilitating the subject property. In this case, the estimated or actual date of "initiation of negotiations" is December 16, 2004, the date the City of Santa Monica preliminarily approved CCSM's request to change from two rehabilitation projects to one new construction project. It is anticipated that a loan agreement between CCSM and the Agency will be executed around November 2005 which will provide predevelopment funding related to the new construction project. Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of $5,250 based upon the monthly housing need over a forty-two (42) month period. In addition, the households may opt to apply the amount to which they are entitled toward the purchase of a replacement unit. If a household chooses to purchase a replacement home rather than rent, the household will have the right to request a lump sum payment of the entire balance to which they are entitled. Assistance to Homeowners No homeowners will be displaced by this Project. Last Resort Housing Payment There is adequate "comparable replacement housing" according to the attached housing survey (Attachment 4); provided, however, last resort housing payments may be authorized if replacement housing is not affordable to the displaced household (i.e. housing costs not more than 30% of the household's average monthly income.). In this case, payments may be made beyond the $5,250 statutory cap up to 42 months worth of rental assistance. The supplement increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of the Agency. Eligibility for last resort housing payments will be reviewed on a case by case basis as will the determination of lump sum versus installment payments. I. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Procedures for preparing and filing of claims and processing and delivering of payments are attached as Attachment 7. 4 No household will be displaced until "comparable" housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. J. EVICTION POLICY The displacing entity recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. K. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. Information regarding the appeals policy and procedure is contained in Attachment 8. L. PROJECTED DATES OF DISPLACEMENT The remaining household will receive a 90-day notice to vacate before it is required to move. Relocation is expected to be completed for the household on or about October 2005, but in any event, the household will not be required to move until the gO-day notice has expired. M. ESTIMATED RELOCATION COSTS The displacing entity anticipates using Redevelopment Housing Trust Funds for the Project. Any and all required financial assistance will be provided. The relocation budget estimate for this Project is not expected to exceed $30,000. N. SUMMARY CCSM is committed to provide the displaced household at the Project site with all appropriate relocation assistance and services as required under the state relocation guidelines in order to address the needs of the displaced household. The Relocation Plan clearly shows there are ample units available nearby, and the financial benefits will subsidize the resulting increase in rent, if any, for the mandated 42 months of subsidy. 5 Attachment 1 : Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: TABLE OF ATTACHMENTS Project Site Map Household Characteristics and Needs FY 2005 HUD Income Limits for Los Angeles County Replacement Housing Survey Results Brochure given to Displaced Household Current Fixed Payment Moving Schedule Relocation Payment Policy Established Appeals Policy and Procedures Plan Addendum - Comments on the Plan 6 Attachment 1 Project Site Map 7 Attachment 2 Household Characteristics and Needs Household Number of Number of Number of Average Special Occupants* Children Persons with Occupancy Language Disabilities per Unit** Needs Residential 2 0 2 2 0 Tenants *Only one member of the household currently resides in the unit. **Based on the one remaining household. 8 Attachment 3 HUD Income Limits for Los Angeles County - 2005 The table below represents HUD Income Limits for Los Angeles County for program year 2005. 1 2 3 4 5 6 7 8 person person person person person person person person Very Low-Income 22,950 26,200 29,500 32,750 35,350 38,000 40,600 43,250 Low-Income 36,700 41,900 47,150 52,400 56,600 60,800 65,000 69,150 9 Attachment 4 Replacement Housing Survey Results Date Available Number of Bedroom Location Rent Units Identified* Available units identified 2/01/05 34 Studio Santa Monica $725-2,700 2/07/05 14 Studio Santa Monica $750-1,050 2/15/05 33 Studio Santa Monica $600-2,700 5/27/05 30 Studio Santa Monica, $595-950 Venice & West Los AnQeles 7/26/05 36 Studio Santa Monica $725-2,500 7/26/05 13 One-Bedroom Santa Monica $1,025-1,250 7/27/05 4 Studio West Los $850-1,150 Angeles Market data indicates that there has been no substantial decrease in the availability of comparable replacement dwellings. 10 ATTACHMENT NO.5 SHOBER-LIVAS RELOCATION ~#~r~~tUlf1rl~~$. INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS Shober-Livas Relocation 520 S. Sepulveda Blvd. Suite 204 Los Angeles, CA 90049 Phone: 310-476-5433 Fax: 310-476-5583 11 INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS Please do not move prematurely. This is not a notice to vacate your dwelling!! I. GENERAL INFORMATION II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING III. MOVING BENEFITS IV. REPLACEMENT HOUSING PAYMENT- TENANTS AND CERTAIN OTHERS V. SECTION 8 ASSISTANCE VI. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS VII. LAST RESORT HOUSING ASSISTANCE VIII. RENTAL AGREEMENT IX. ApPEAL PROCEDURES - GRIEVANCE X. TAX STATUS OF RELOCATION BENEFITS XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE General Information The building in which you now live is in a portion of the Community Corporation of Santa Monica Project Area to be rehabilitated. As the project schedule proceeds, it will be necessary for you to move from your dwelling. You will be notified in a timely manner as to the date by which you must move. Please read this information carefully as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and/or state law. We suggest you save this informational statement for reference. The Community Corporation of Santa Monica has retained the services of Shober-Livas Relocation (Shober-Livas), a qualified professional relocation firm, to assist you. Shober-Livas can be reached at their corporate office at: Shober-Livas Relocation 520 S. Sepulveda Blvd. Suite 204 Los Angeles, CA 90049 Phone: 310-476-5433 Fax: 310-476-5583 Spanish speaking representatives are available. Si necesita esta informacion en Espanol, por favor lIame a su representante. 12 All information obtained by your relocation consultant will be kept confidential. Please do not move prematurely. This is not a notice to vacate your dwelling. However, if you desire to move sooner than required, you must contact your representative with Shober-Livas Relocation so you will not jeopardize any benefits. This is a general information brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Community Corporation of Santa Monica's relocation assistance program. Assistance in Locating a Replacement Dwelling The Community Corporation of Santa Monica, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe, and sanitary housing requirements. A decent, safe, and sanitary housing unit provides adequate space for its occupants, proper weatherproofing, and sound heating, electrical, and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. Moving Benefits If you must move as a result of displacement by the Community Corporation of Santa Monica, you will receive a payment to assist in moving your personal property. There are two types of moving payments. You have the option of selecting either one of the following types of moving payments: Fixed Moving Payment A fixed moving payment is based upon the number of rooms you occupy and whether or not you own your furniture. The payment is based upon a schedule approved by the Community Corporation of Santa Monica and ranges, for example, from $375.00 for one furnished room to $2,000.00 for eight rooms in an unfurnished dwelling (for details see the table below). Your relocation representative will inform you of the amount you are eligible to receive if you choose this type of payment. 13 FIXED MOVING SCHEDULE (CALIFORNIA) Occupant owns furniture Occupant does not own furniture 1 room $575.00 1 room $375.00 2 rooms $750.00 Each additional room $60.00 3 rooms $925.00 4 rooms $1,100.00 5 rooms $1,325.00 6 rooms $1,550.00 7 rooms $1,775.00 8 rooms $2,000.00 Each additional room $200.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Community Corporation of Santa Monica will assume no liability for any loss or damage of your personal property. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Community Corporation of Santa Monica pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required and assist you in developing a scope of services for the Community Corporation of Santa Monica's approval. IV. Replacement Housing Payment - Tenants and Certain Others You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify you must either be a tenant who has occupied your present dwelling for at least 90 days prior to the Community Corporation of Santa Monica's first offer to purchase the property or an owner who has occupied your dwelling for between 90 and 180 days prior to the Community Corporation of Santa Monica's first offer to purchase the property. 14 A. Rental Assistance If you qualify and wish to rent your replacement dwelling your rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your gross monthly household income. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. Note: Initial advance payments can be made, if requested, to provide displacees with sufficient means to cover move-in expenses. -OR- B. Down Payment Assistance If you qualify and wish to purchase a home as a replacement dwelling you can apply up to the total amount of your rental assistance payment towards the down payment and non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. Section 8 Assistance Any displaced household that wishes to obtain a Section 8 housing certificate will be assisted by the Community Corporation of Santa Monica for that purpose. Section 8 housing assistance assures families affordable rent for the time they remain in the program. Monthly rent on the Section 8 program is typically limited to 30% of gross household income. Families must meet certain income requirements to qualify. In those circumstances where eligibility for Section 8 assistance is reduced because of residency status problems, the Community Corporation of Santa Monica will provide supplemental cash assistance. This assistance, called GAP-RAP, will last for 42 months and will be used to maintain tenant rent contributions at the same 30% level as for other program participants. 1m ortant Note: Those households otherwise eligible to return to the Project, save for the curren vailabilityof adequately sized units will have "priority status" with respect to any units of adequate size hich may subsequently become available through the development of the Community Corporation 0 Santa Monica Project. Federal rules provide that an otherwise eligible non-citizen can receive benefit nd services, the receipt of which will not be considered by immigration officials in making a negative, 'public charge" determination which could otherwise result in a non-citizen being determined inadmissible to the United States; ineligible to adjust their immigration status; or deportable on th rounds that he or she is likely to be or is a "public charge". Not all publicly funded benefits ar onsidered by the Immigration and Naturalization Service (INS) or the State Department in deciding hether someone is, or is likely to become, a "public charge". Among the many examples of benefits hat are not considered for "public charge" purposes are "housing benefits". Not all cate ories 0 liens however are eli ible to receive all of the t es of benefits and this includes housin benefits. 15 Source: U.S. Department of Housing and Urban Development (HUD) - Notice H 99-20 VI. Qualification for and Filing of Relocation Claims To qualify for a replacement housing payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following: A. For a tenant: the date you move from the displacement dwelling B. For an owner-occupant: the date you receive final payment for the displacement dwelling or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court - OR - C. The date the Community Corporation of Santa Monica fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Community Corporation of Santa Monica within eighteen (18) months from the date on which you receive final payment for your property or the date on which you move, whichever is later. VII. Last Resort Housing Assistance If comparable replacement dwellings are not available when you are required to move or if replacement housing is not available within the monetary limits described above the Community Corporation of Santa Monica will provide "last resort'" housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last resort housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for last resort assistance. If you are a tenant and you choose to purchase rather than rent a comparable replacement dwelling the entire amount of your rental assistance and last resort eligibility must be applied toward the down payment of the home you intend to purchase. VIII. Rental Agreement As a result of the Community Corporation of Santa Monica's action to purchase the property where you live you may become a tenant of the Community Corporation of Santa Monica. If this occurs you will be asked to sign a rental agreement that will specify the monthly rent to be paid, when rent payments are due, where they are to be paid, and other pertinent information. Except for causes of eviction set forth below no person lawfully occupying property to be purchased by the Community Corporation of Santa Monica will be required to move without having been provided with at least ninety (90) days written notice from the Community Corporation of Santa Monica. Eviction will be undertaken only in the event of one or more of the following infractions: 16 A. Failure to pay rent; except in those cases where a failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action, or is the result of discontinuation or substantial interruption of services; performance of dangerous illegal acts in the unit; material breach of the rental agreement and failure to breach within 30 days of notice; maintenance of a nuisance and failure to abate within a reasonable time following notice; refusal to accept one of a reasonable number of offers of replacement dwellings; or B. Performance of dangerous illegal acts in the unit; C. Material breach of the rental agreement and failure to correct breach within 30 days of notice; D. Maintenance of a nuisance and failure to abate within a reasonable time following notice; E. Refusal to accept one of a reasonable number of offers of replacement dwellings; F. The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. IX. Appeal Procedures - Grievance Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of payment, may have his/her claim reviewed or reconsidered in accordance with the Community Corporation of Santa Monica's appeals procedure. Complete details on appeal procedures are available upon request from the Community Corporation of Santa Monica. X. Tax Status of Relocation Benefits Relocation benefit programs are not considered to be income for the purposes of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. XI. Additional Information and Assistance Available Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process please do not hesitate to contact your relocation representative. 17 Attachment 6 Current Fixed Payment Moving Schedule. Occuoant owns Furniture 1 room $575.00 2 rooms $750.00 3 rooms $925.00 4 rooms $1,100.00 5 rooms $1 ,325.00 6 rooms $1,550.00 7 rooms $1,775.00 8 rooms $2,000.00 Each additional room $200.00 o ccupant does not own urnlture 1 room $375.00 Each additional room $60.00 18 Attachment 7 Relocation Payment Policy regarding Procedures for Relocation Payments and Assistance 1 . Relocation consultant will meet with displacees and assist displacees in filling out all necessary relocation claim forms. 2. Relocation consultant will submit the relocation claim to CCSM. 3. Upon approval of claim CCSM will submit the claim to its accounting department to procure a cashier's check from the bank. 4. Within two weeks CCSM will provide relocation consultant with the check made payable to the displacees. 5. Relocation consultant will deliver check to displacees and provide CCSM with documentation that displacees received the check. 19 Attachment 8 Appeals Policy and Procedures If a displaced person disagrees with any recommendation made by the relocation consultant, he or she may request that CCSM review that recommendation. Requests for review should be addressed to the attention of Melissa Lindley, Project Manager and sent to CCSM, 1423 Second Street, Suite B, Santa Monica, CA 90401. CCSM will promptly review the consultant's recommendation and notify the displaced person of its decision. If the displaced person feels the issue has not been resolved satisfactorily, he or she may request a review of CCSM's decision by the Redevelopment Administrator of the Agency and may request a written explanation of the Administrator's decision. If the displaced person disagrees with the Administrator's decision, he or she may request an informal presentation to the Agency's Designee or a formal review and reconsideration by the Relocation Appeals Board. That request must be made within 18 months following the date the person moves from the property or the date he or she receives final compensation for the property, whichever is later. Upon request, the Agency will provide a copy of its Relocation Rules and Regulations setting forth its grievance procedure. 20